There are exceptions and modifications to the naturalization requirements that are available to those who qualify. United States Citizenship and Immigration Services (USCIS) also provides accommodations for individuals with disabilities.
English Language Exemptions
You are exempt from the English language requirement, but are still required to take the civics test if you are:
• Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (Green Card holder) in the United States for 20 years (commonly referred to as the 50/20 exception); OR
• Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the 55/15 exception).
Note that:
• Even if you qualify for the 50/20 or 55/15 English language exceptions listed above, you must still take the civics test.
• You will be permitted to take the civics test in your native language.
• If you take the test in your native language, you must bring an interpreter with you to your interview.
• Your interpreter must be fluent in both English and your native language.
• If you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirement.
Medical Disability Exceptions to English and Civics
You may be eligible for an exception to the English and civics naturalization requirements if you are unable to comply with these requirements because of a physical or developmental disability or a mental impairment.
To request this exception, submit Form N-648, Medical Certification for Disability Exceptions. This form must be completed by a licensed medical or osteopathic doctor, or licensed clinical psychologist.
Continuous Residence Exceptions
If you are engaged in certain kinds of overseas employment you may be eligible for an exception to the continuous residence requirement.
Disability Accommodations
Under Section 504 of the Rehabilitation Act of 1973, USCIS provides accommodations or modifications for applicants with physical or mental impairments that make it difficult for them to complete the naturalization process. Applicants are encouraged to list their needs in the space provided on Form N-400, Application for Naturalization.
Oath of Allegiance
After applying for naturalization—and in order to be naturalized—you must take the Oath of Allegiance in a public ceremony. The law allows for certain modifications to the Oath of Allegiance. For more information, see section 337 of the Immigration Nationality Act (INA) (8 U.S.C. §1448) and the relevant federal regulation in the Code of Federal Regulations at 8 CFR 337.1(b).
In West Virginia, as in all states, the regulations for naturalization are governed by federal law, specifically the United States Citizenship and Immigration Services (USCIS). There are exceptions to the English language requirement for naturalization for permanent residents who are 50 years old and have lived in the U.S. for 20 years (50/20 exception), or are 55 years old and have lived in the U.S. for 15 years (55/15 exception). These individuals must still take the civics test, but can do so in their native language with the help of an interpreter fluent in both English and their native language. Those 65 and older with at least 20 years of permanent residency are given special consideration for the civics test. Medical disability exceptions are available for those who cannot meet the English and civics requirements due to physical, developmental, or mental impairments, by submitting Form N-648. Certain overseas employment may qualify for an exception to the continuous residence requirement. USCIS also provides disability accommodations under Section 504 of the Rehabilitation Act of 1973. Finally, modifications to the Oath of Allegiance are permissible under certain circumstances as outlined in section 337 of the Immigration Nationality Act (INA) and 8 CFR 337.1(b).
